Glen Alden Coal Co.

National Labor Relations Board - Board Decisions

Mar 18, 1943

48 N.L.R.B. 270 (N.L.R.B. 1943)

In the Matter of GLEN ALDEN COAL COMPANY and INTERNATIONAL
ASSOCIATION OF MACHINISTS , A. F. L. ,
Case No. R-4401.-Decided March, 18, 1943
SECOND SUPPLEMENTAL DECISION
AND
ORDER
J
On January 8, 1943,-the National Labor Relations Board issued a
Supplemental Decision and Second Direction of Election in, this
proceeding,' 'directing that. a run-off election be held among repair
shop employees at the Exeter Shop of Glen Alden Coal Company,
West Pittston, Pennsylvania, to determine whether they desired to be
represented by International Association of Machinists, A. F. L.,
herein called the I. A. M., or by United Mine Workers, District No. 1,
herein called the U. Al. W., for the purposes of collective bargaining.
,Pursuant to the Second Direction of Election, a run-off election was
conducted on January 22, 1943, under the direction and supervision
of the Acting Regional Director for the Fourth Region (Philadel-
phia, Pennsylvania). On January 25, '1943, the Acting Regional
Director, acting pursuant to Article II, Section 10, of the National
Labor Relations Board Rules and Regulations-Series 2, as amended.
issued and duly served upon the parties an Election Report.
As to the results of the balloting in the run-off election, the Acting
Regional Director reported as follows :
Total on eligibility list______________________________ _ 197
Total ballots cast___________________________________________ 187
Total ballots challenged_____________________________________ 0
Total blank ballots__________________________________________ 0
Total void ballots__________________________________________ 103
Total valid votes counted____________________________________ 84
Votes cast for United Mine Workers, District No. 1____________ '3
Votes cast for International, Association of Machinists , A. F. L_ 81
On or about February 1, 1943, the Company filed Objections to the
Election Report, asserting that the Acting Regional Director's finding
that 103 ballots cast were void was erroneous and excepting to his
The Board also at the same time certified International Moulders & Foundry Workers
Union, Local 133, A. F. L., as the exclusive representative of the foundry employees at
the Exeter Shop of the Company.
48 N. L. R. B., No. 35.
270
GLEN ALDEN COAL COMPANY . -271
recommendation that,-the Board certify the I. A. M: as the exclusive
representative. The Company also objected on the ground that it had
'a,,prior contract with the U: M. W. which designated the U. M. W. as
the exclusive representative of all the employees of the Company in the
anthracite industry.2 On February 4, 1943, the Regional Director
issued and duly served on the parties a Report on Objections, recom-
mending that the objections be dismissed as raising no substantial or
material issues with respect to the conduct of the ballot.
The Company contends that since 102 of the -103 ballots declared
void were marked in such manner as to indicate clearly the desire of
the voters not to be represented by either, union, the I. A. M. did not
receive a majority of the votes cast. The Company alleged that be-
cause these ballots "were cast in conformity with the official notice of
election posted by the National Labor Relations Board, or in con-
formity with its instructions," the Acting Regional Director's finding
that the ballots were void was "arbitrary and not in conformity with
the notice." The Regional Director reported that 102 of the "voidd"
ballots were marked as follows 72 marked "neither," 16 "no union,"
13 "none," 1 "no," and 1 "0" in 1 box and "X" in the other. He found
that in the case of each' of the "void" ballots the voter had failed to
observe the instruction on the sample and official ballot, which con-
tained voting squares only for the I. A. M. and the U. M. W., to "mark
an X in one square only," and that there was nothing in the official
notice or in any "instructions" to support the Company's contention
that the "void" ballots "were cast in conformity" with the notice or,
any instructions. He accordingly affirmed the findings in the Election
Report that the I. A. M. had received a majority'of the valid votes cast
and recommended' that the Board certify the I. A. M. as the exclusive
representative.
It has been our consistent practice to direct run-off elections, if
requested, in situations where the number of votes against representa-
tion has been less than a' plurality and'the combined votes cast for the
labor organizations constitute a majority, since we have construed the
combined vote as expressive of a'desire for, representation on the part
of a majority participating in the election. Thus, in directing a run-
off election in this case we inferred, on the basis of the results of the
first election,3 that "a majority of the repair shop employees desire to
bargain collectively with the Company." Where we direct run-off
elections, we do not provide, an opportunity for employees again to
register •a vote against representation, inasmuch as the majority have
'For reasons indicated in our Decision and Supplemental Decision, we find no merit
in the objection based upon the U M. W. contract.
3 In the first election, the 188 valid ballots were distributed as follows : 94 for , the
I. A. M., 4 for the U. M W., and 90 for "neither."
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272' DECISIONS OF ' NATIONAL LABOR RELATIONS BOARD
expressed a 'desire-for representation 'and the voters "opposed to ;any
of the unions on the ballot have failed to poll a plurality.
While we agree with the Regional Director's finding that the 102
ballots in question were technically void because they were marked in
a manner obviously not in conformity with 'the instructions in the
notice of election and on the official ballot, we are nevertheless con-
strained to regard them as expressive of the desires of the voters and
therefore evidence rebutting'the' presumption on' which, the run-off
rule'rests. Since the ballot did not provide a space for registering a
vote against either organization, the voters resorted to -the only method
available for expressing "their choice.4 That choice is clear : they do
not desire to be represented by either the I. A. M. or -the U.-M. W.
The inference we drew from the results of the first election, namely that
a majority desired representation for collective bargaining purposes
'by one of the organizations, is therefore overcome, as a majority have
indicated a contrary desire. Accordingly, we find that a majority
participating in the run-off election do not desire representation by
either 'the I. A. M. or the U. M: W.` The petition will therefore be
dismissed.
ORDER
- Upon the basis of the foregoing findings of fact and upon the entire
record in the case, the National Labor Relations Board hereby orders
that the petition for investigation and certification- of representatives
of employees of Glen Alden Coal' Company, West- Pittston, Pennsyl-
vania, filed by International Association of Machinists, A. F. L., be,
and it hereby is, dismissed.
MR. JOHN M. HOUSTON took no part in the consideration of the above
'Second Supplemental Decision and Order.
' Cf. Matter of General Electric Company and Pattern Makers League of North America,
A. F. L., 29 N. L. R. B. 162, ' where 'the Board , in determining the unit appropriate for
purposes of collective bargaining , gave ' weight to the desires of employees in a craft group
as expressed by the fact that in a prior consent election employees had written in on
-their ballots the name of a craft union not listed on the ballot. -
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